Strip search of a parolee arrested or detained without any cause violated the Fourth Amendment. The parolee still had some Fourth Amendment rights. Smith v. City of Oakland, 2011 U.S. Dist. LEXIS 85989 (N.D. Cal. August 4, 2011):<\/p>\n
Even if defendants could vault over the unlawful stop and bring themselves within the ambit of suspicionless searches of parolees, they still cannot justify conducting a strip search of a parolee or arrestee in public. They failed to take the precautions of conducting searches in a professional manner by conducting them in public. They failed to conduct them in a place that afforded privacy. The searches were not merely visual searches; they were not within the State’s statutory definition of strip searches, which contemplates the person, not the officer, rearranging or removing items of clothing for visual inspection by the officer. Nor have the officers justified the searches as being for a proper purpose. Searches of this nature, conducted in public, in view of passersby and others, are arbitrary, capricious and harassing. They do not pass constitutional muster.<\/p><\/blockquote>\n
Qualified immunity was rejected noting that Terry held that there had to be a basis for a stop as long ago as 1931.<\/p>\n","protected":false},"excerpt":{"rendered":"
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